[OSM-legal-talk] Brexit & EU database rights

[Simon Poole]

The relevant bit of the directive is in article 11. As you can see the 
rights are dependent on being domiciled in the EU, not on the physical 
location of the "database". I would need to check up on the UK 
equivalent, but it likely requires the same. Outside of the UK and EU 
(possibly including Russia), we rely on conventional copyright for 
creative works* and contract law.

Simon

* yes, I'm fully aware of the problematic bit here.

Am 13.12.2020 um 10:21 schrieb Edward Bainton:
> Thank you for the link, now read. All you say on substantial changes 
> makes sense.
>
> So if we move the database into the EU, are we confident it would be 
> all be protected under those terms? Does the hiatus from 1 Jan 2021 
> cause any difficulties? I'm reading the bit that says protection runs 
> from the date of completion of the database - which is either already 
> done, or never to be achieved. Either way I'm struggling to be sure 
> that a database imported into the EU (perhaps considered complete on 
> the day of import?) would have the protection.
>
> Or do we need two databases - the UK-based one that is protected under 
> the legacy agreement (until the UK Parliament decides otherwise, I 
> suppose), and the new EU one, and the servers work off them in tandem?
>
> On Thu, 10 Dec 2020 at 23:18, Simon Poole <simon at poole.ch 
> <mailto:simon at poole.ch>> wrote:
>
>     To answer the questions caveat there is no relevant court
>     decisions that I know of, so this is all likely untested:
>     insubstantial changes to a database do not create a new one, but
>     substantial changes do. Where the line is drawn, or better where
>     the OSMF draws the line, is currently open. See article 10
>     https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31996L0009
>     <https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31996L0009>
>
>     Simon
>
>     Am 10.12.2020 um 22:11 schrieb Edward Bainton:
>>     A pleasure meeting you all at LWG this evening.
>>
>>     I saw Brexit in the minutes for September
>>     "At the end of year we won't be losing database rights immediately."
>>
>>     General guidance I've seen appears to say:
>>     - database rights accrued before 2021-01-01 persist (as I've seen
>>     discussed in minutes)
>>     - database rights accrued from 2021-01-01 will exist only in the
>>     UK (if at all: I can't see any enabling legislation after a quick
>>     look, and this may have gone into the Govt's "later" tray - so
>>     copyright may be the only protection).
>>
>>     The last point suggests to me that any edits made after
>>     2020-01-01 will have less protection than so far has been the case.
>>
>>     Is that your understanding? Or is the database as a whole
>>     protected because the architecture has been built, and subsequent
>>     edits are protected modifications of an already-protected creation?
>>
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